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Bail vs. Bond in Florida: What’s the Difference?
If you or a loved one has been arrested in Florida, one of the first questions is: how do we get out of jail? That usually means posting bail or securing a bond — but what’s the difference, and how does the process work?
At The Bonderud Law Firm, we help clients navigate the bail and bond process quickly and effectively. Here’s what you need to know.
What Is “Bail”?
Bail is the amount of money the court requires to ensure that a defendant returns to court for all future proceedings. It’s not a fine or punishment — it’s a guarantee.
The court sets bail based on:
- The seriousness of the charge
- The defendant’s criminal history
- Risk of flight
- Risk to the public
- Ties to the community
What Is “Bond”?
Bond refers to the method of posting bail — either with cash or through a bail bond agent. There are two primary types:
- Cash Bond
- You pay the full amount of bail directly to the jail or court
- If the defendant appears at all required hearings, the money is refunded (minus fees)
- Surety Bond (via a bail bondsman)
- You pay a non-refundable fee (typically 10% of the bail amount) to a bondsman
- The bondsman guarantees the full bail to the court
- If the defendant fails to appear, the bondsman may seek to recover the full amount (and may employ bounty hunters)
What Is “Release on Recognizance” (ROR)?
For certain non-violent or low-level offenses, the judge may release a defendant without requiring payment, based on their promise to appear in court. This is known as:
- Release on Own Recognizance (ROR)
- Pretrial release
This is often granted to first-time offenders with strong ties to the community.
What Happens at a Bond Hearing?
If the arrest doesn’t involve a preset bail schedule, or if the prosecution is seeking to deny bond, the court will hold a bond hearing (usually within 24 hours of arrest).
At this hearing:
- The judge reviews the charges and any prior criminal record
- The defense can argue for a lower bond or ROR
- The judge sets the terms of release
Can a Lawyer Help Lower the Bond?
Yes. A criminal defense attorney can:
- Present mitigating evidence
- Argue for a bond reduction
- Challenge the prosecution’s request to deny bond
- Help secure release through a bondsman if needed
We also file motions to modify bond later in the case if circumstances change.
Your First Step After Arrest Starts Here
Getting out of custody is the first step in building a strong defense. At The Bonderud Law Firm, we move quickly to secure your release and help you navigate the entire criminal process with clarity and confidence.
Contact us today to schedule a consultation.